D.S.K. Moorthy v. The Chairman
BATTU DEVANAND , J.
Today, this case is listed under the caption "for being mentioned".
2. The learned Counsel for the petitioner submits that this Court passed an order on 02.04.2025 in W.P.(MD).No.8985 of 2025. In the said order, in the cause title, inadvertently the name of the respondent was wrongly mentioned as ''The Chairman, Employees Provident Fund Section, TamilNadu State Transport Corporation (Madurai) Ltd., Head Office, Bypass Road, Madurai.'' instead of ''The Chairman, Employees Provident Fund Section, TamilNadu State Transport Corporation (Tirunelveli) Ltd., Head Office, Bypass Road, Tirunelveli.''. Therefore, he requested to change the name of the respondent as ''The Chairman, Employees Provident Fund Section, TamilNadu State Transport Corporation (Tirunelveli) Ltd., Head Office, Bypass Road, Tirunelveli.'' and to issue modified order copy.
3. Considering the request of the petitioner, Registry is directed to modify the following:
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In cause title of the order made in W.P.(MD).No.8985 of 2025, dated 02.04.2025, change the name of the respondent as ''The Chairman, Employees Provident Fund Section, TamilNadu State Transport Corporation (Tirunelveli) Ltd., Head Office, Bypass Road, Tirunelveli.''.
4. Registry is directed to rectify the above error in the order made in W.P.(MD).No.8985 of 2025 dated 02.04.2025 and issue fresh modified order copy.
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BATTU DEVANAND , J.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025
CORAM
THE HONOURABLE MR.JUSTICE BATTU DEVANAND W.P.(MD)No.8985 of 2025 D.S.K.Moorthy ... Petitioner Vs.
The Chairman, Employees Provident Fund Section, Tamil Nadu State Transport Corporation (Madurai) Ltd., Head Office, Bypass Road, Madurai.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to sanction and allow the petitioner to withdraw a sum of Rs.5,00,000/- from and out of the petitioner's own accumulation of provident fund contribution available to the credit of the respondent for the marriage of his son within the time limit that may be fixed by this Court.
For Petitioner : Mr.G.M.Xavier For Respondent : Mr.Raja Standing Counsel 4/8
O R D E R
Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondent and carefully examined the materials available on record.
2. The petitioner is working as Special Grade Driver in the respondent corporation. He has completed 32 years of service. To meet the expenses for the marriage of his son to be solemnized on 08.06.2025, he submitted a representation to the respondent on 18.01.2025 to permit him to withdraw an amount of Rs.5,00,000/- from his PF Account. Against the inaction of the respondent in considering the same, he is constrained to file the present writ petition.
3. The learned standing counsel appearing for the respondent submits that the respondent corporation is facing financial crisis and there are no sufficient funds in the respondent corporation for the purpose of extending EPF advance. 5/8
4. This court is unable to accept the contention of the learned Standing Counsel appearing for the respondent due to the reason that the petitioner also similarly suffering with the financial crisis to meet the expenses of his son's marriage. When an employee faced under such financial crisis for domestic purpose, it would be a duty of the corporation to consider such request for a PF loan from his contribution, particularly when regulations of the respondent corporation permits PF loan.
5. In view of the above, in the considered opinion of this Court, this writ petition can be disposed of with a direction to the respondent to consider the representation of the petitioner dated 18.01.2025 and permit him to withdraw an amount of Rs.5,00,000/- from his PF account within a time to be stipulated herein to meet ends of justice.
6. Accordingly, this writ petition is disposed of with a direction to the respondent to consider the representation dated 18.01.2025 of the petitioner and permit him to withdraw an amount of Rs.5,00,000/- from the amount lying in his PF account, within a period of two weeks from the date of receipt of a copy of this order.
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No costs.
02.04.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:
The Chairman, Employees Provident Fund Section, Tamil Nadu State Transport Corporation (Madurai) Ltd., Head Office, Bypass Road, Madurai.
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BATTU DEVANAND, J.
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